Æthelred’s Woodstock Code, 997 AD
Transcription
46r (select folio number to open facsimile)
Æþelredes cyninges geræd-
ÐIS is seo gerædnys ðe æþelred < nisse.
cyning 7 his witan geræddon eallon
folce to friþes bote æt wudestoce, on myrce-
nalande æfter engla lage, þæt is þæt ælc freo-man
getreowne borh hæbbe, þæt se borh hine to ælcon
rihte gehealde gif >he betyhtlad wurðe. Gif
he ðonne tyht-bysig sy, gange to þam þryfeal-
dan ordale. Gif se hlaford sæcge þæt him naðer
ne burste, ne að, ne ordal syððan þæt gemot wæs
æt bromdune. Nime se hlaford him twegen ge-
treowe þegenas, innan þam hundrede, 7 sweri-
an þæt him næfre að ne burste, ne he þeof-gyld
ne gulde, butan he þone gerefan hæbbe, þe
þæs wyrðe sy, þe þæt don mæge. Gif se að þonne
forð-cume, ceose se man þonne þe þær be-tyht
let sy, swa hweðer he wylle, swa anfeald ordal,
swa pundes wurþne að, innan þam þrim hun-
dredan ofer þrittig peninga. Dif hy þonne
aþ syllan ne durron, gange to þam þryfealdan
ordale. Dif he þonne ful wurðe, æt þam for-
man cyrre bete þam teonde twygylde, 7 þam
hlaforde his were, 7 sette getreowe borgas þæt he
ælces yfeles geswice eft. 7 æt þam oþran cyr-
re, ne sy þær nan oðer bot butan þæt hlaford[;]
gif he þonne ut-hleape 7 þæt ordal forbuge, gyl-
de se borh þam teonde his ceap-gyld, 7 þam hla-
forde his were, þe his wites wyrðe sy. 7 gyf
mon þone hlaford teo þæt he be his ræde utt-
hleope, 7 ær unriht worhte, nime him fif
þegnas to, 7 beo him sylf sixta, 7 ladie hine þæs.
7 gif seo lad forð cume, beo he þæs weres wur-
ðe. 7 gif heo forð ne cume, fo se cyning to
þam were, 7 beo se þeof ut-lah wið eall folc; 7 hæb-
be ælc hlaford his hired-men, on his agenon
borge. Gif he ðonne betyhtled wurðe, 7 he utt
oþhleape, gylde se hlaford þæs mannes were þam
cyninge. 7 gif man þone hlaford teo þæt he
be his ræde ut-hleope, ladie hine mid fif þeg-
num, 7 beo him sylf sixta. Gif him seo lad byr-
ste, gylde þam cynge his were, 7 sy se man ut-lah.
7 beo se cyng ælc þæra wita wyrðe þe þa men ge-
wyrcen þe bocland habban, 7 ne bete nan man
for nanre tyhtlan butan hit sy >þæs< cynges gere-
fan gewitnesse. 7 gif þeow-man ful wurðe
æt þam ordale, mearcie man hine æt ðam for-
man cyrre, 7 æt ðam oðrum cyrre ne sy þær
nan oþer bot buton þæt heafod. 7 þæt nan
man ne do naþor ne ne bycge, ne ne hwirfe bu-
ton he borh hæbbe, 7 gewitnesse. Gif hit þon-
ne hwa do fo se land-hlaford to, 7 healde þæt orf
oð þæt man wite hwa hit age mid rihte. 7 gif
hwylc man sy þe eallon folce ungetrywe sy, fa-
re þæs cynges gerefa to, 7 gebringe hine un-
der borge, þæt hine man to rihte gelæde, þam þe
him onspræcon. Gif he ðonne borh næbbe,
slea mon hine, 7 on ful lecge, 7 gif hwa hine
forenne forstande, beon hy begen anes rihtes
wyrðe. 7 se þe þys forsytte, 7 hit geforðian
nylle, swa ure ealra cwide is, sylle þam cynge
cxx scllingas.
Translation
Decree of King Æthelred
This is the decree which King Æthelred and his council decreed at Woodstock for all the people as a remedy of peace in Mercia according to English law:
That is, that every freeman have a trustworthy surety, that the surety hold him to all justice, if he be charged.
If he then be accused, he should go to the three-fold ordeal.
If the lord should declare that neither oath nor ordeal failed for him since the assembly at Bromdune:1 let the lord take for him two trustworthy thegns, from within the hundred, and swear that neither oath failed for him nor did he pay a thief’s fine – unless he has the reeve, who is worthy to do this, and he may do this.
If the oath then is forthcoming, then let the person who be accused choose whichever he will, whether the single ordeal, or the oath worth a pound within the three hundred, [if the suit is] over thirty pennies.
If then they dare not give an oath, let him go to the three-fold ordeal.
If then he be judged guilty, at the first occurrence he shall compensate the plaintiff two-fold and the lord with his wergeld; and let trustworthy sureties be appointed so that he henceforth desist from every evil.
And at the second occurrence, let there not be any other compensation there except his head.2
If he should then escape and avoid the ordeal, let the surety compensate the plaintiff with the market price of his goods, and to the lord his wergeld, who is entitled to his fine.
And if someone should accuse the lord, that it was by his counsel that he escaped and committed the wrong, let him [the lord] take five thegns, and be himself a sixth, and defend himself from this. And if the defence is forthcoming, let him be entitled to the wergeld. And if it be not forthcoming, let the king take the wergeld, and let the thief become an outlaw against all the people.
And let every lord have his retainers3 in his own surety. If he [a retainer] then should stand accused and he should escape, let the lord pay the man’s wergeld to the king.
And if someone should accuse the lord, that it was by his counsel that he escaped, let him defend himself with five thegns, and be himself a sixth. If for him the defence should fail, let him pay the king his wergild and let the man be an outlaw.
And let the king be entitled to every fine which the men who have bookland pay out, and let no one compound4 for any accusation unless it be by witness of the king’s reeve.
And if a slave is judged guilty at the ordeal, one should brand him at the first occurrence, and at the second occurrence, there should be no other pay-back there except his head.
And that no one neither sell nor barter unless he have surety and a witness.
If then someone should do this, let the land-lord take and hold the property5 until he understands who owns it rightfully.
And if someone should be untrustworthy to all the people, one should go to the king’s reeve and bring him [the untrustworthy one] under surety, so that one may bring him to justice, to those who accused him.
If he then does not have surety, let him be slain, and lie in guilt; and if someone should defend him beforehand, may they both prove at once to be straight.
And he who obstructs this, and does not wish to carry it out, just as we all say: let him give the king 120 shillings.
Footnotes
1 Bromdune, unidentified; possibly the same as Brumdon in Dorset (Bosworth-Toller Anglo-Saxon Dictionary: available here [accessed 07/07/2017]
2 Actually reads ‘the lord’ (‘þæt hlaford’); but compare the later clause regarding the slave, where ‘the head’ (‘þæt heafod’) is given. It is likely either hlaford was used in error, or it was being used metaphorically, since the lord is indeed the head of his people.
3 literally, ‘household-men’.
4 compound: ‘forbear from prosecuting (a felony) in exchange for money or other consideration’ (Oxford Dictionary of English).
5 or ‘livestock’.